Haw. Prob. R. 5

(a) Verification of Documents. All petitions and applications (other than those signed by a party's attorney) shall include a statement at the end and before the signature of the person presenting the document to the effect that the person understands that the document is deemed to include an oath, affirmation, or statement to the effect that (1) its representations are true as far as the person executing or filing it knows or is informed, (2) it is not being presented for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation, and (3) penalties for perjury may follow deliberate falsification. Such a statement shall be accepted in lieu of an affidavit as to the facts stated in the document. If a submittal is not signed or is signed with the intent to defeat the purpose of this rule, it may be stricken as sham and false and the proceeding may proceed as though the submittal had not been served. For willful violation of this rule, a party may be subjected to an appropriate sanction. The signature of an applicant in informal proceedings shall be notarized.

If a document requires consideration of facts not appearing of record or verified as provided above (which may include a document signed by the party’s attorney), it shall be supported by affidavit, signed by the person having knowledge of the facts and competent to testify. In lieu of an affidavit, an unsworn declaration may be made by a person, in writing, subscribed as true under penalty of law, and dated, in substantially the following form:

I, (name of person), do declare under penalty of law that the foregoing is true and correct.

Dated:_________________________

_______________________

(Signature)

COMMENTARY:

This rule requires verification of documents in both informal and formal proceedings. However, applicants in informal proceedings to probate a will, determine intestacy, or appoint a personal representative must also have their signatures notarized. Because the Registrar processes a large number of informal applications filed by pro se applicants, it is important to provide an easy mechanism for the Registrar to determine that the applicant is who he or she claims to be. A notarized signature gives the Registrar this proof without adding any significant cost to the probate process.

An application for informal probate or appointment must be signed by the applicant, not by and through counsel.

(b) Signing by Attorneys. Except as required by statute or by rule, any petition, application, response, objection, memorandum or other substantive document of a party represented by an attorney (including documents signed by an attorney) shall be signed by the attorney of record in the attorney's individual name. The signature of an attorney constitutes a certificate by the attorney that the attorney has read the submittal; that to the best of the attorney's knowledge, information, and belief, there is good ground to support it; and that it is not being presented for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a submittal is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken as sham and false and the proceeding may proceed as though the submittal had not been served. For willful violation of this rule, an attorney may be subjected to an appropriate sanction. Similar action may be taken if scandalous or indecent matter is inserted. The attorney's name shall be typed or legibly printed directly below the attorney's signature.

COMMENTARY:

This clarifies the role of the attorney in the preparation and presentation of documents. An attorney, by signing any petition, application, response, objection, memorandum or other substantive document, and filing it with the court, is certifying that the attorney understands and has complied with this Rule 5. Therefore, if any attorney signs any substantive document as counsel for a party, a separate Rule 5(b) certification is not required.

(Amended November 12, 1997, effective December 15, 1997; further amended February 5, 2013, effective July 1, 2013; further amended July 13, 2016, effective January 1, 2017.)